MOU on Critical Wildlife HabitatMOU on Critical Wildlife Habitat
© Jared Hobbs
Burrowing Owl
Private Forest Lands Associat...
OverviewOverview
 Wildlife management and especiallyWildlife management and especially
managing species at risk is an imp...
ContextContext
 Private Managed Forest Land Act andPrivate Managed Forest Land Act and
regulations define requirements.re...
What is a Species at Risk?What is a Species at Risk?
 A species at risk of extirpation or extinctionA species at risk of ...
D
PROTECTIO
N
E
RECOVER
Y
Automatic
Prohibitions
Permits/Agreements
Safety Net
Mandatory
Recovery Planning
Stewardship Pro...
Recovery PlanningRecovery Planning
under SARAunder SARA
 Recovery strategies and managementRecovery strategies and manage...
SARA and Critical Habitat:SARA and Critical Habitat:
IdentificationIdentification
 "critical habitat" means the habitat t...
How SARA worksHow SARA works
8
 Immediate protection to all listed species andImmediate protection to all listed species ...
BCBC’s Approach to Management’s Approach to Management
of Species at Riskof Species at Risk
 Five-Year Plan for Species a...
BCBC’s approach to protecting’s approach to protecting
habitat for SARhabitat for SAR
 Recovery strategies (including inf...
BCBC’’s Legal Protection Toolss Legal Protection Tools
 Wildlife ActWildlife Act
 Wildlife Amendment Act,Wildlife Amendm...
Managing S@RManaging S@R
 ““Category of species at risk” establishedCategory of species at risk” established
by order und...
Why an MOU?Why an MOU?
 Relationship between PMFLA and ProvinceRelationship between PMFLA and Province
 Concerns arising...
MOU ObjectivesMOU Objectives
 Increase certainty on regulatory andIncrease certainty on regulatory and
management require...
 Improving information sharingImproving information sharing
 Encourage communication between the PFLA,Encourage communic...
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1924
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1918
1930
Questions?Questions?
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Critical Wildlife Habitat MOU presentation

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PowerPoint presented by Ministry of Forest, Lands and Natural Resource Operations staff, Sharon Hadway (Regional Executive Director, West Coast Operations) and Chris Ritchie (Fish and Wildlife Recovery Implementation Manager) at the PFLA’s 19th annual forestry conference in Parksville, BC, June 5th, 2014.

The purpose of the presentation is to understand the obligations and benefits of the memorandum of understanding (MOU) signed between the Private Forest Landowners Association, the Ministry of Forest, Lands and Natural Resource Operations and the Ministry of Environment regarding critical wildlife habitat in British Columbia.

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  • COSEWIC is the body that conducts independent, science based assessments on the status of species nationally
    They do this by evaluating information in status reports against quantitative criteria to determine risk of extinction
    The SARA contains a number of sections that prescribe how COSEWIC must operate
    Once a year, COSEWIC delivers the results of their status assessments (from 2 meetings) to the federal Minister of Environment
    On receiving the assessment, the Minister must, within 90 days, issue a “response statement” which basically sets out whether the species will follow a regular (9 month) process for consultation and subsequent listing decision, or whether the species will require “extended consultation” (e.g. polar bear, and other species managed through wildlife management boards)
    The decision regarding whether or not to add the species to the legal list under SARA is made by Governor in Council (federal cabinet), and will be informed by results of public consultation, and a regulatory impact analysis (includes socioeconomic analysis)
    Once a species is legally listed, there are some automatic prohibitions against killing, harming, or trade in individuals or destruction of residence for “federal” species (aquatic species or migratory birds) and all listed species on federal lands
    For other species, the safety net provisions may apply (more details on next slide)
    For all species listed under SARA, the federal minister must prepare recovery strategies (for Extirpated, Endangered and Threatened species) or Management Plans (for special concern species) within certain timelines. This is the process for identification of critical habitat (more details later).
    The federal minister may adopt existing documents to meet SARA requirements –
  • SARA sets out specific timelines for preparation of recovery strategies (EX, E, T) and management plans (SC) for all species listed under the act, regardless of whether or not these species are traditionally managed by the province.
    The act sets out specific content requirements for both documents. Strategies must:
    Describe the species and its needs, including threats;
    set out the population and distribution objectives to achieve recovery of the species, including strategies to address the threats;
    identification of critical habitat, including examples of activities that may result in its destruction; and
    Indicate when one or more action plans in relation to the recovery strategy will be completed.
    Action plans must include:
    Identification of any additional critical habitat not included in the strategy, including examples of activities that may result in its destruction;
    a statement of the measures that are proposed to be taken to protect the species’ critical habitat;
    measures that are to be taken to implement the recovery strategy, including methods that will be used to monitor recovery; and
    an evaluation of the socio-economic costs of the action plan and the benefits to be derived from its implementation.
    The federal minister may adopt exiting document (including provincial recovery documents) to meet SARA requirements. This process generally includes preparing an “addition” that will address any outstanding content requirements (e.g. identification of critical habitat).
    The process of preparing federal recovery documents also includes a requirement to consult with anyone who may be “directly affected” – documents are also posted for a 60 day public review period on the SARA registry.
  • Definition of critical habitat under SARA – important part of the definition is the “and” – it does not become “legally identified” until the final version of the recovery strategy (or action plan) is posted on the SARA public registry
    The content requirements for recovery strategies under SARA also set out that CH must be identified “to the extent possible” “based on the best available information” – this wording is important in the context of legal challenges (next slide)
  • SARA was constructed as “safety net” legislation. It meets the federal government’s accord commitments to provide legal protection for species and habitats under federal management responsibility.
    The immediate prohibitions against harm to a species and its residence thus apply to all listed species on federal lands, and to listed aquatic species (fish as defined under the Fisheries Act, so includes freshwater fish and all aquatic invertebrates as well as marine fish and mammals) and migratory birds (as defined in the Migratory Bird Convention Act).
    For other species and on other lands, the expectation is that the province will provide “effective protection” for the species, its residence, and its critical habitat.
    “residence” means a dwelling-place, such as a den, nest or other similar area or place, that is occupied or habitually occupied by one or more individuals during all or part of their life cycles, including breeding, rearing, staging, wintering, feeding or hibernating.
    There is also a provision in SARA for the federal Minister to protect habitat for any listed species if he/she is “of the opinion” that the species is at “imminent risk” of extinction or extirpation (s. 80 order)
  • This is an overview of BC’s approach to protection and recovery of species and ecosystems at risk.
    In 2013, BC posted a draft Five-Year Plan for species at risk – we are in the process of finalizing that plan.
    BC, along with most of the other provinces and territories, signed on to “the Accord” in 1996, and we cooperate with federal agencies responsible for SAR through the bilateral agreement.
    This includes support for recovery planning, including making provincial recovery documents available to the federal government for adoption under SARA;
    BC uses existing laws to provide protection for SEAR;
    Support stewardship on private lands;
    And we provide information support for process such as environmental assessments, and Integrated Decision Making through the BC Conservation Data Centre.
  • the province views ALL recovery documents (including federal recovery strategies) as science advice.
    BC has consistently communicated to federal agencies our belief that identification and subsequent protection of critical habitat must be done in a way that ensures:
    Scientific advice is clearly separated from decision-making regarding identification and effective protection of critical habitat;
    All “directly affected” parties are consulted;
    Socio-economic implications of “effective protection” of critical habitat are fully considered; and
    Provincial decision-making authority and processes are respected.
    We will use provincial tools to provide for protection of habitat, and this process will include consultation with stakeholders and evaluation of socio-economic implications as appropriate.
    We also support a voluntary stewardship approach to protection of habitat on private lands.
  • There are a number of key tools which the province uses to protect species at risk. So complex that it is difficult to describe, has gaps, and creates communications/governance issues.
    Wildlife Act currently prohibits killing, trading, trafficking owning and transport of individuals of wildlife species (most vertebrates)
    Wildlife Act also enables some management tools used for species recovery such as motorized recreation closures, wildlife management (eg wolf or primary prey reduction), and transplants.
    Currently the prohibitions in the Wildlife Act apply only to vertebrates (only portions apply to fish)
    Species may be listed as Threatened or Endangered under the Wildlife Act. Listing results in prohibitions.
    Other Acts:
    Provisions apply to single sectors (e.g. forestry)
    Provisions vary among tools
    Consultative and results-based process, sometimes industry-led
    Provisions include policy constraints (e.g. capped ‘budget’ under FRPA)
    Dual authorities (e.g., MoE and MNRO)
  • Critical Wildlife Habitat MOU presentation

    1. 1. MOU on Critical Wildlife HabitatMOU on Critical Wildlife Habitat © Jared Hobbs Burrowing Owl Private Forest Lands AssociationPrivate Forest Lands Association Annual General MeetingAnnual General Meeting Sharon HadwaySharon Hadway & Chris Ritchie& Chris Ritchie June 5, 2014June 5, 2014 Couer D’alene Salamander © Jared Hobbs Scouler’s corydalis 1
    2. 2. OverviewOverview  Wildlife management and especiallyWildlife management and especially managing species at risk is an importantmanaging species at risk is an important role for government.role for government.  Requirements on crown and private landsRequirements on crown and private lands differ (regulatory, jurisdiction).differ (regulatory, jurisdiction).  Significant risks and benefitsSignificant risks and benefits associated with responses.associated with responses.  Collaboration on responses andCollaboration on responses and approaches makes sense.approaches makes sense. 2
    3. 3. ContextContext  Private Managed Forest Land Act andPrivate Managed Forest Land Act and regulations define requirements.regulations define requirements.  Recognize wildlife move across landbaseRecognize wildlife move across landbase so need for integrated approach.so need for integrated approach.  MOU is a recent addition to thisMOU is a recent addition to this integration.integration.  Purpose today: understandPurpose today: understand obligations and benefits ofobligations and benefits of MOUMOU D.F.Fraser photo 3
    4. 4. What is a Species at Risk?What is a Species at Risk?  A species at risk of extirpation or extinctionA species at risk of extirpation or extinction  Species are assessed and grouped intoSpecies are assessed and grouped into ‘risk categories’‘risk categories’  e.g. Extirpated, Endangered, Threatened,e.g. Extirpated, Endangered, Threatened, Special ConcernSpecial Concern D.F.Fraser photo 4
    5. 5. D PROTECTIO N E RECOVER Y Automatic Prohibitions Permits/Agreements Safety Net Mandatory Recovery Planning Stewardship Programs / Incentives Critical Habitat (Safety Net ) C LEGAL LISTING  Endangered  Threatened C LEGAL LISTING  Endangered  Threatened B RESPONSE STATEMENTS B RESPONSE STATEMENTS A ASSESSMENT  Status Reports  Review  COSEWIC Decision A ASSESSMENT  Status Reports  Review  COSEWIC Decision Overview of theOverview of the Species at Risk ActSpecies at Risk Act (SARA)(SARA)  Independent, scientific assessmentsIndependent, scientific assessments  Legal listing process*Legal listing process*  Protections for federal species andProtections for federal species and listed species on federal landslisted species on federal lands  ““Safety net” provisions for otherSafety net” provisions for other species and landsspecies and lands  Recovery & management planningRecovery & management planning for all listed speciesfor all listed species 5
    6. 6. Recovery PlanningRecovery Planning under SARAunder SARA  Recovery strategies and managementRecovery strategies and management plans must be prepared within certainplans must be prepared within certain timelines (for all listed species)timelines (for all listed species)  Recovery strategies set out timelines forRecovery strategies set out timelines for preparation of action planspreparation of action plans  Recovery strategies and action plansRecovery strategies and action plans must address threats and must identifymust address threats and must identify critical habitatcritical habitat  Minister may adopt existing documentsMinister may adopt existing documents 6
    7. 7. SARA and Critical Habitat:SARA and Critical Habitat: IdentificationIdentification  "critical habitat" means the habitat that is"critical habitat" means the habitat that is necessary for the survival or recovery of anecessary for the survival or recovery of a listed wildlife specieslisted wildlife species andand that is identifiedthat is identified as the speciesas the species’ critical habitat in the’ critical habitat in the recovery strategy* or in an action plan*recovery strategy* or in an action plan*  must be identifiedmust be identified “to the extent possible”“to the extent possible” “based on the best available information“based on the best available information”” 7
    8. 8. How SARA worksHow SARA works 8  Immediate protection to all listed species andImmediate protection to all listed species and critical habitat on federal landscritical habitat on federal lands  For listed species on all other lands, theFor listed species on all other lands, the ““safety netsafety net”” clauses of SARA may be appliedclauses of SARA may be applied  If the laws of the province do notIf the laws of the province do not ““effectivelyeffectively protectprotect”” the species, its residence, or itsthe species, its residence, or its critical habitatcritical habitat  Assessment ofAssessment of “effective protection” via CHEPA“effective protection” via CHEPA  Measures must be available, legally binding andMeasures must be available, legally binding and effective at producing the intended resultseffective at producing the intended results
    9. 9. BCBC’s Approach to Management’s Approach to Management of Species at Riskof Species at Risk  Five-Year Plan for Species at Risk in BCFive-Year Plan for Species at Risk in BC  Signatory to the Accord for the Protection ofSignatory to the Accord for the Protection of Species at Risk & the Canada-BC AgreementSpecies at Risk & the Canada-BC Agreement on Species at Riskon Species at Risk  Support for recovery planningSupport for recovery planning  Use authorities contained in a number ofUse authorities contained in a number of statutes to protect habitat for species at riskstatutes to protect habitat for species at risk  Information support through the ConservationInformation support through the Conservation Data CentreData Centre 9
    10. 10. BCBC’s approach to protecting’s approach to protecting habitat for SARhabitat for SAR  Recovery strategies (including informationRecovery strategies (including information on habitat needed for survival andon habitat needed for survival and recovery) =recovery) = adviceadvice to decision-makersto decision-makers  Implement habitat protection throughImplement habitat protection through existing provincial tools and regulatoryexisting provincial tools and regulatory processes (often includes evaluation ofprocesses (often includes evaluation of socioeconomic implications)socioeconomic implications)  Support stewardship efforts on privateSupport stewardship efforts on private landslands 10
    11. 11. BCBC’’s Legal Protection Toolss Legal Protection Tools  Wildlife ActWildlife Act  Wildlife Amendment Act,Wildlife Amendment Act, (not in(not in force)force)  Forest and Range Practices ActForest and Range Practices Act  Oil and Gas Activities ActOil and Gas Activities Act  Parks ActParks Act andand Ecological ReservesEcological Reserves ActAct  Land Act (Land Act (Strategic Plans)Strategic Plans)  Environment and Land Use ActEnvironment and Land Use Act  Private Managed Forest Lands ActPrivate Managed Forest Lands Act Wood bison 11
    12. 12. Managing S@RManaging S@R  ““Category of species at risk” establishedCategory of species at risk” established by order under theby order under the Forest and RangeForest and Range Practices ActPractices Act (FRPA)(FRPA)  Support stewardship efforts on privateSupport stewardship efforts on private lands (e.g Best Management Practices)lands (e.g Best Management Practices)  ConductConduct wildlife management to achievewildlife management to achieve recovery objectives (e.g. captive breeding)recovery objectives (e.g. captive breeding)  Manage human activities (e.g. recreationManage human activities (e.g. recreation closures, timing windows)closures, timing windows) 12
    13. 13. Why an MOU?Why an MOU?  Relationship between PMFLA and ProvinceRelationship between PMFLA and Province  Concerns arising from NOGO candidateConcerns arising from NOGO candidate foraging sites in draft recovery strategyforaging sites in draft recovery strategy  PLFA met with ADM Konkin to promote thePLFA met with ADM Konkin to promote the PMFL program and contribution to the protectionPMFL program and contribution to the protection of critical wildlife habitat.of critical wildlife habitat.  Recommend MOU to encourage/promote aRecommend MOU to encourage/promote a “made in BC” plan for biodiversity and S@R“made in BC” plan for biodiversity and S@R management that recognizes the role andmanagement that recognizes the role and benefits for integration of private forest land.benefits for integration of private forest land. 13
    14. 14. MOU ObjectivesMOU Objectives  Increase certainty on regulatory andIncrease certainty on regulatory and management requirements for critical wildlifemanagement requirements for critical wildlife habitat on private managed forest landshabitat on private managed forest lands  Apply an ecosystem scale approach;Apply an ecosystem scale approach;  DevelopDevelop “made in BC” approaches“made in BC” approaches;;  Promote innovationPromote innovation  Identify and share best management practicesIdentify and share best management practices;;  Supplement private forest landowner scientificSupplement private forest landowner scientific expertise, inventories and knowledge;expertise, inventories and knowledge;  Investigate new approaches and tools and sources ofInvestigate new approaches and tools and sources of fundingfunding 14
    15. 15.  Improving information sharingImproving information sharing  Encourage communication between the PFLA,Encourage communication between the PFLA, PMFL owners and government agencies;PMFL owners and government agencies; accelerate sharing data, inventory, and scienceaccelerate sharing data, inventory, and science resultsresults;;  Provide certainty that any proprietary, landowner-Provide certainty that any proprietary, landowner- specific information;specific information;  Collaborate on extension materials; Examine theCollaborate on extension materials; Examine the opportunity toopportunity to use new communication toolsuse new communication tools  Working together to promote BCWorking together to promote BC’s’s approach to protecting and managingapproach to protecting and managing critical wildlife habitat to federalcritical wildlife habitat to federal government agencies.government agencies. 15
    16. 16. 1922 1924 Last seen:1910 1940 1981 1918 1930 Questions?Questions?

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